Contaminated land regime

Contaminated land regime guidance:

Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Precedents

Obligation to grant access The owner or occupier of contaminated land (grantor) has a statutory obligation to allow remediation works to be carried out by the grantee...

Practice Note

What is an agreement on liabilities? Parties to a transaction may decide to address the allocation of known or potential remediation costs under the Environmental...

Practice Note

Right of appeal Anyone served with a remediation notice under the Environmental Protection Act 1990, Pt IIA (EPA 1990) has a statutory right of appeal against the notice....

Practice Note

Determining liability Enforcing authorities should follow the five step procedure set out in the statutory guidance for determining liability under the Environmental...

Practice Note

Determining liability Enforcing authorities should follow the five step procedure set out in the statutory guidance for determining liability under the Environmental...

Practice Note

What are Category 4 Screening Levels? Category 4 Screening Levels (C4SL) provide technical guidance for environmental consultants and regulators when assessing land...

Practice Note

Determining liability Enforcing authorities should follow the five step procedure set out in the statutory guidance for determining liability under the Environmental...

Practice Note

What is contaminated land? 'Contaminated land' is a specific legal term defined in the Environmental Protection Act 1990, Pt IIA (EPA 1990). The contaminated land regime...

Practice Note

Who makes the determination? Local authorities (LAs) have sole responsibility for determining whether land is contaminated land under the Environmental Protection Act...

Practice Note

Due diligence in contaminated land transactions Lambson Fine Chemicals Ltd v Merlion Capital Housing Ltd [2008] All ER (D) 116 (Feb) highlights the importance of...

Practice Note

Consequences of non-compliance If a requirement in a remediation notice has not been carried out, the enforcing authority will need to consider whether to: • prosecute •...

Practice Note

This Practice Note outlines the contaminated land enforcing authorities in England and Wales under Part IIA of the Environmental Protection Act 1990 (EPA 1990). Who is...

Practice Note

When can costs be recovered by an enforcing authority? Subject to the Environmental Protection Act 1990, ss 78J(7) and 78K(6) (EPA 1990), an enforcing authority is...

Practice Note

When can enforcing authorities carry out remediation work? Enforcing authorities have power to do what is 'appropriate' by way of remediation under the Environmental...

Practice Note

Requirement for remediation Enforcing authorities must ensure that any land they identify as contaminated land under the Environmental Protection Act 1990, Pt IIA (EPA...

Practice Note

Determining liability Enforcing authorities should follow the five step procedure set out in the statutory guidance for determining liability under the Environmental...

Practice Note

Determining liability for remediation Identifying the appropriate person(s) who may be liable for remediation under Part IIA of the Environmental Protection Act 1990 (EPA...

Practice Note

Contaminated land 'Land contamination' is a general term used to describe any land that may be contaminated in some way. 'Contaminated land', is a specific legal term...

Practice Note

What is the duty to inspect? Local authorities (LAs) have a duty to inspect their areas for the purpose of: • identifying any contaminated land under the Environmental...

Practice Note

What are controlled waters for the purposes of Pt IIA? 'Controlled waters' are defined in the EPA 1990 as having the same meaning as in the Water Resources Act 1991, Pt...

Practice Note

Meaning of remediation 'Remediation' is given a relatively wide definition in the Environmental Protection Act 1990, Pt IIA (EPA 1990). It may involve a range of actions,...

Practice Note

Background to the contaminated land regime The contaminated land regime was introduced in 2000 to: • deal with the legacy of contaminated sites in the UK that would not...

Practice Note

What is an orphan linkage? An 'orphan linkage' is one where there are no appropriate persons for a significant contaminant linkage (SCL). This may arise where: • the SCL...

Practice Note

What is the nature of the liability? The Environmental Protection Act 1990, Pt IIA (EPA 1990) is a liability-based regime established to deal with the UK's legacy of...

Practice Note

Requirement for a register Every enforcing authority must keep a freely available public register of contaminated land under the Environmental Protection Act 1990, Pt...

Practice Note

Brexit impact As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

What is contaminated land risk assessment? Risk means: • the likelihood that harm, or pollution of water, will occur as a result of contaminants in, on or under the land,...

Practice Note

What is a remediation notice? A remediation notice is a formal written notice that requires an 'appropriate person' to carry out the remediation of contaminated land...

Practice Note

What is significant harm? Significant harm is one of two limbs of the definition of contaminated land in the Environmental Protection Act 1990, Pt IIA (EPA 1990)....

Practice Note
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